Response of UCLA to Public Records Request from Stephanie Barbanell by Daniel J.B. Mitchell

VIA EMAIL March 29 2012 Stephanie Barbanell barbanell@aol.com RE: RESPONSE for PRR 2012‐271 Hannah Carter Japanese Gardens Dear Ms. Barbanell: This is a partial response to your request for public records under the California Public Records Act (CPRA) dated March 14, 2012. Please find enclosed the following responsive documents: 1) Petition to Modify Trust, Memorandum of Points and Authorities, Case No. RP10528284, 07.29 2010 2) Brostrom, RE: Sale of the Carter Estate – 626 Siena Way + 10619 Bellagio Road, Los Angeles, CA” 04.07.2011 3) UCLA Dollar Saver http://www.equipment.ucla.edu/DollarSaver_Main.html 4) Block, Sale of Hannah Carter Japanese Garden is in UCLA’s best interests, Op‐ed Daily Bruin 02.08.2012, UCLA Today 02.09.2012 5) Hampton, Campus to sell Japanese garden and estate to meet intent of property’s donors, UCLA NewsRoom 11.10.2011 / 01.25.2012 The CPRA authorizes UCLA to charge for reproduction costs and/or programming services.1 As a courtesy, these fees have been waived. Any subsequent requests may be subject to copying and/or programming fees.

RMIP strives to honor the spirit and legislative intent of the California Public Records Act. We believe the attached responsive records successfully fulfill the purpose of this law and your request. In your March 14, 2012 email, you have also asked several questions. Your questions and UCLA’s responses are as follows: 1. Would you please provide me with a copy of the UC petition that was filed on July 29, 2010, pertaining to HCJ garden "removal of restrictions" from the donation agreement? Would you please provide a link to the case itself? Answer: Please refer to document listed in numbered paragraph 1, above. 2. What other real property gifts to the University have had to undergo similar legal processes in advance of sales as "surplus" real property? Answer: We do not have an historical list.

California Government Code §6253(b)

Page 1 of 3

PRR 2012-271 Response Letter to Barbanell March 29, 2012

3. May I have a current list of surplus real property and a list of personal property items that are for sale by UCLA? How does one learn of these sales? Is there a website? Answer: UCLA does not maintain a list of surplus real property. Properties currently listed for sale include properties located at May’s Landing 2880 Cliffside Drive, Malibu CA 90265 and Wind Tunnel 400 Duley Road El Segundo CA 90245. Sales of real property are undertaken in accordance with applicable law (PCC 10511 and following). Sales of personal property are listed at “UCLA Dollar Saver”; please see document and link listed in numbered paragraph 3, above. 4. Which departments handle such sales? Can the public participate? Answer: The University of California Real Estate Services Group handles sales of real property in accordance with applicable law. 5. How is the William Andrew Clark Library funded? Who funds their shuttle program? Answer: ANSWER TO COME 6. To whom was the HCJ Garden gifted‐‐the Regents, the UCLA Foundation, other? Answer: The Garden was not donated; the UC Regents purchased with funds donated by Regent Carter. 7. Who heads the UCLA Foundation and what was role of the foundation in endorsing the sale of the HCJ Garden? Is there any written documentation of the Foundation's endorsement of the garden sale? Answer: UCLA Foundation has no role in the sale process. 8. Which President of the Regents authorized the sale of the garden? Answer: President Yudoff authorized the sale; please refer to document listed in numbered paragraph 2, above. 9. Explain what the criteria for determining academic purpose and consistency with the UCLA mission might be‐‐as those criteria apparently were not met in the case of the HCJ Garden. Answer: ANSWER TO COME 10. Which members of the faculty and/or administration, governmental agencies, philanthropic organizations, and local community resources were solicited to partner with the university in order to preserve and maintain the garden, prior to the decision to sell? Answer: Please refer to documents listed in numbered paragraphs 4 and 5, above. Answer for questions 11‐14: The below questions do not request factual information, but simply invite speculation. 11. Explain why the HC house wasn't sold in 2006, at the top of the real estate market, when the proceeds could have funded the upkeep of the garden and other academic needs. Page 2 of 3

PRR 2012-271 Response Letter to Barbanell March 29, 2012

12. Why was no HCJ Garden Foundation or fund‐raising mechanism for the HCJ Garden ever established? 13. Who has the power to halt the sale of the garden at this point? 14. What is necessary to keep this garden in public domain? In addition to the answers above and attached documents, I will follow up with you regarding questions #5 concerning the Clark Library funding and shuttle service and #9 criteria for determining academic purpose. In the meantime, please feel free to contact me if you have any questions about the attached. Sincerely,

Aimee M. Felker Director Records Management & Information Practices (310) 794‐8741 | (310) 794‐8961 (fax) | uclapublicrecords@finance.ucla.edu | www.finance.ucla.edu Enclosure(s): PRR 2012‐271 Responsive Documents + Request

Page 3 of 3

UCLA Equipment Management Login

A bout Equipment Management News & Announcements Staff Directory Useful Links Corporate Accounting Payroll Records Management Student Accounting &Cashiering Systems Travel

UCLA Dollar $aver Excess & Surplus Property (ESP) UCLA Wilshire Center, Suite 680, Mail Code 143348 Phone (310) 794-6060 - Fax (310) 794-6064

Campus departments can advertise their surplus property free of charge. Advertisements will appear for one month only. You need to be an equipment custodian or authorized personnel to be able to place an ad. To advertise items available for sale, prepare your Dollar $aver Ad Form. Email the Ad Form to jmancill@finance.ucla.edu. If you do not have Internet access, fax your hard copy to ESP at x46064. Campus departments can receive information regarding surplus property for sale at other UC campuses by contacting the ESP office. Please contact Equipment Management Office at x46060 for more information Items For Sale for March 2012

Computer Ref

Description

Manufacturer

Model

Condition

5333

Apple PowerMac G4, 1.25 GHz, 768MB RAM, 75 GB HD, CD-RW, DVD-ROM

Apple

PowerMac G4

Fair

Monitor, Viewsonic Model VE155, 15inch

ViewSonic

Monitor, Sony 16Inch

Sony

Laptop, Gateway Solo, Pentium II, 300 MHz

Gateway

2.8GHz, 1GB RAM, 80GB HDD, CD-

Dell

5334

5335

5336

5350

Contact Name

Phone / Email

Qty

Unit Price $

Manager, Equipment

310-206-3089 equipment@stat.ucla.edu

$ 145.00

$ 40.00

$ 45.00

$ 40.00

$ 50.00

VE155

Fair

Manager, Equipment

310-206-3089 equipment@stat.ucla.edu

SDM-S71

Fair

Manager, Equipment

310-206-3089 equipment@stat.ucla.edu

Solo 9100

Fair

Manager, Equipment

310-206-3089 equipment@stat.ucla.edu

Precision 370

http://www.equipment.ucla.edu/DollarSaver_Main.htm[3/29/2012 5:24:48 PM]

Fair

Barone, Paul

310-825-9916 pbarone@it.ucla.edu

UCLA Equipment Management Login RW/DVDROM 5351

5352

5353

5354

5355

5356

5357

5358

5359

5360

5361

5362

5363

5364

5365

3GHz, 2GB, 160GB HDD, CDRW & DVD-RW

Dell

3GHz or better, 1GB RAM, 80GB HDD, CDRW & DVD-RW

Dell

Monitor, 17"

Dell

Monitor, 17"

Dell

Monitor, 18"

Dell

Monitor, 20"

Dell

Photocopier

Konica

Xeon Server (Located in Oakland, CA)

Dell

Xeon Server (Located in Oakland, CA)

Dell

Xeon Server (Located in Oakland, CA)

Dell

Server (Located in Oakland, CA)

Dell

PIII Server (Located in Oakland, CA)

Dell

Xeon (Located in Oakland, CA)

Dell

Xeon Server (Located in Oakland, CA)

Dell

Xeon Server (Located in Oakland, CA)

Dell

Dimension 8400

Fair

Precision 380

Good

1703

Fair

1702

1801

2000FP

7022

1750

Fair

Good

Barone, Paul

310-825-9916

Barone, Paul

310-825-9916

Barone, Paul

310-825-9916

Barone, Paul

310-825-9916

Barone, Paul

310-825-9916

Barone, Paul

310-825-9916

Barone, Paul

310-825-9916

Lee, Raymond

510-987-0284 Raymond.Lee@ucop.edu

pbarone@it.ucla.edu

$ 100.00

$ 150.00

$ 20.00

$ 1000.00

$ 100.00 or Best Offer

1850

Excellent

Lee, Raymond

510-987-0284 Raymond.Lee@ucop.edu

1950

Good

Lee, Raymond

510-987-0284 Raymond.Lee@ucop.edu

2255

Good

Lee, Raymond

510-987-0284 Raymond.Lee@ucop.edu

2550

Good

Lee, Raymond

510-987-0284 Raymond.Lee@ucop.edu

2550

Good

Lee, Raymond

510-987-0284 Raymond.Lee@ucop.edu

2550

Good

Lee, Raymond

510-987-0284 Raymond.Lee@ucop.edu

2650

http://www.equipment.ucla.edu/DollarSaver_Main.htm[3/29/2012 5:24:48 PM]

Good

Lee, Raymond

510-987-0284 Raymond.Lee@ucop.edu

UCLA Equipment Management Login 5366

5367

5368

5369

5370

5371

5372

5373

5374

5375

Xeon Server (Located in Oakland, CA)

Dell

Xeon Server (Located in Oakland, CA)

Dell

Xeon (Located in Oakland, CA)

Dell

Computer (Located in Oakland, CA)

Dell

Computer (Located in Oakland, CA)

Dell

Xeon (Located in Oakland, CA)

Dell

PIII (Located in Oakland, CA)

Dell

Computer (Located in Oakland, CA)

Dell

Xeon (Located in Oakland, CA)

Dell

Computer (Located in Oakland, CA)

Dell

2850

Good

Lee, Raymond

510-987-0284 Raymond.Lee@ucop.edu

$ 100.00 or Best Offer

$ 200.00 or Best Offer

$ 100.00 or Best Offer

$ 200.00 or Best Offer

$ 100.00 or Best Offer

2950

Good

Lee, Raymond

510-987-0284 Raymond.Lee@ucop.edu

R200

Good

Lee, Raymond

510-987-0284 Raymond.Lee@ucop.edu

DPS202AB

Good

Lee, Raymond

510-987-0284 Raymond.Lee@ucop.edu

6350

Good

Lee, Raymond

510-987-0284 Raymond.Lee@ucop.edu

PowerVault

Good

Lee, Raymond

510-987-0284 Raymond.Lee@ucop.edu

6350

Good

Lee, Raymond

510-987-0284 Raymond.Lee@ucop.edu

6600

Good

Lee, Raymond

510-987-0284 Raymond.Lee@ucop.edu

2600

Good

Lee, Raymond

510-987-0284 Raymond.Lee@ucop.edu

EMS/storage

Good

Lee, Raymond

510-987-0284 Raymond.Lee@ucop.edu

Engr & Lab Ref

Description

Manufacturer

Model

Condition

5338

SterilChemgard 3 Class II/B 2 Biosafety cabinet(ducted)

The Baker Company

SG403TX

Good

Nanosurf Nanite A atomic force microscope. Large area (100 um) and High-resolution (10 um) scanners, controller and computer

Nanosurf

5378

Contact Name

Phone / Email

Qty

Hill, Kent

310-267-0546 kenthill@mednet.ucla.edu

$ 1500.00 or Best Offer

$ 30000.00

Nanite A

http://www.equipment.ucla.edu/DollarSaver_Main.htm[3/29/2012 5:24:48 PM]

Good

Stieg, Adam

310-983-1026 nanopicolab@cnsi.ucla.edu

Unit Price $

UCLA Equipment Management Login

Furn & Office Ref

Description

Manufacturer

Model

Condition

5330

Cloth chair with wood arms and legs

Unknown

Fair

Silver Mesh hanging wall file

Officemax

Hand santizer dispensers w/ drip catcher (New)

Medline Bode

5376

5377

Unit Price $

Contact Name

Phone / Email

Qty

Wodinsky, Jessica

310-206-9944 venuemanager@arts.ucla.edu

$ 5.00

$ 10.00

Silver/Mesh

LX10PUSH dispenser

Excellent

Alarcon, Patricia

310-301-7375

Alarcon, Patricia

310-301-7375

palarcon@mednet.ucla.edu

Medical Ref

Description

Manufacturer

Model

Condition

Contact Name

Phone / Email

Qty

Unit Price $

Miscellaneous Ref

Description

Manufacturer

Model

Condition

5337

3000 ANSI brightness, 16.8lbs, Digital Zoom available, Size (inches) 5.5 x 10.3 x 14.0, image size (inches) 60-300

Sharp

XG-P10XU

Fair

Marching Band Instruments (1-Lot: 10 marching snare drums, 5 marching bass drums (18", 20", 22", 26" and 28"), 6 sets of multiple tenor drums (6", 6", 10", 12", 13", 14"), carriers, cases, covers and stadium hardware

Yamaha

5339

Contact Name

Phone / Email

Qty

Unit Price $

Manager, Equipment

310-206-3089 equipment@stat.ucla.edu

$ 375.00

$ 17745.00

Various

http://www.equipment.ucla.edu/DollarSaver_Main.htm[3/29/2012 5:24:48 PM]

Excellent

Henderson, Gordon

310-825-3835 gh@ucla.edu

UCLA Equipment Management Login for all of the above. 5340

5341

5342

5343

5344

5345

5346

5347

5348

5349

Triple Boat Trailer

Performance Sailing

FJTRAILER3

LCD Data /Video Projector

SHARP

PG-A20X

LCD Data /Video Projector

Sharp

LCD Data /Video Projector

SHARP

LCD Data /Video Projector

TOSHIBA

LCD Data /Video Projector

SHARP

LCD Data /Video Projector

SHARP

LCD Data /Video Projector

SHARP

Tuner

Digiwave

Still Viedo Camera and Accessory Kit

Canon

XG-P10XU

PG-MB60X

TLP-B2

XG-C60X

XG-C430X

XG-330X

DV 5000

XAP SHOT RC-250

Fair

Excellent

Good

Edwards, Bill

714-624-9139

Schiller, Jimmy

310-825-4131

Schiller, Jimmy

310-825-4131

Schiller, Jimmy

310-825-4131

Schiller, Jimmy

310-825-4131

Schiller, Jimmy

310-825-4131

Schiller, Jimmy

310-825-4131

Schiller, Jimmy

310-825-4131

Reyes, Monica

310-206-1504

Joyce, Anna

310-825-2646 annajoyce@ehs.ucla.edu

wedwards@ucla.edu

$ 500.00 or Best Offer

$ 183.91

$ 30.00

jschille@unex.ucla.edu

mreyes@ha.ucla.edu

Please read the message below. ALL ITEMS ARE SOLD ON "FIRST SERVED" BASIS AND ARE SUBJECT TO PRIOR SALE. ALL ITEMS ARE SUBJECT TO TAX UNLESS THE BUYER PRESENTS A CALIFORNIA RESALE LICENSE CERTIFICATE. For additional information about any of the items listed for sale, or to arrange for an inspection, please contact the person listed. FOR UCLA SELLING DEPARTMENTS ONLY All proceeds from the sale of surplus property should be deposited to account/fund 268310-68310. Note: sales tax must be deducted from the full amount and entered on the sales tax line in the

http://www.equipment.ucla.edu/DollarSaver_Main.htm[3/29/2012 5:24:48 PM]

UCLA Equipment Management Login

Department Deposit Record form. Please see UCLA Tax Services website for the current sales tax rates. Every buyer (except UCLA departments) should pay sales tax unless an exception is received in writing from the ESP office. For more information, call extension 46060. SALES RESTRICTIONS NOTE: No one employed in a department originating surplus items, or a near relative of that employee, may purchase items originating from that department. Nor may employees of Equipment Management, or a near relative of that employee, purchase any surplus items. Reference Business & Finance Bulletin BUS-38. Any exceptions to this policy, must be requested in writing and must receive prior written approval from the Property Administrator.

http://www.equipment.ucla.edu/DollarSaver_Main.htm[3/29/2012 5:24:48 PM]

Sale of Hannah Carter Japanese Garden is in UCLA's best interests / UCLA Today

Sale of Hannah Carter Japanese Garden is in UCLA's best interests Gene Block is chancellor of UCLA. This op-ed was posted originally in the Daily Bruin online on Feb. 8. UCLA’s planned sale of the Hannah Carter Japanese Garden has generated an unusual volume of commentary from our neighbors in Bel Air and conservation- and preservation-minded individuals and groups. I am dismayed by mischaracterizations of our motives and concerned about the misunderstanding of facts. I feel compelled to clarify key issues. Regent Carter did not own the garden. The university purchased the garden from a third party using resources Carter made available in a 1964 gift agreement. He also made a commitment to donate the adjoining residence following his death. The 1964 agreement made clear that the university could sell both the residence and the garden if it did not wish to use the home as a chancellor’s residence or guest house for campus visitors. When donors make gifts of property, formal agreements routinely envision a day when the university would no longer find it practical to retain the property. A 1982 agreement with Carter said the university would sell the residence and use proceeds from the sale to establish a $500,000 endowment to maintain the garden. The agreement also said the university would use the proceeds to fund professorships and endowments specified by Carter. The remaining proceeds would be unrestricted and available for campus priorities such as scholarships and fellowships. The agreement also named the garden for his wife, Hannah, though she was not a party to the agreement. Since 1982, it has become clear that Carter’s vision for the garden could not be achieved. In 1993, UCLA determined that the garden did not serve a teaching or research purpose. The campus and Carter also learned in 1989 that the area used for parking was not owned by the university but in fact by an adjacent property owner. In addition, it became clear that payout from the garden-maintenance endowment would not generate enough revenue to cover maintenance costs, leaving an annual shortfall of approximately $100,000. For all these reasons, we concluded we could no longer continue to own the garden while achieving Carter’s vision. Accordingly, we sought and received permission from a Superior Court judge to sell the garden. Before publicly announcing our decision to sell the garden, we reached out to interested parties, including the executor of Carter’s estate, preservation-minded groups and individuals, leadership of the Bel-Air Association and UCLA faculty representatives. Could UCLA have done a better job evaluating the garden’s utility as an academic resource before agreeing to maintain it in perpetuity? Yes. Could we have done a better job communicating with interested parties? Yes. But to allege that we have been underhanded and disrespectful is false. This overheated rhetoric is unfortunate and nonconstructive. These are complex issues involving decades-old real estate transactions and gift agreements, and reasonable people can disagree. Carter’s son Bill Carter said in a recent unsolicited letter that his father would have understood the reasons for the sale, contrary to the position taken by one of Mrs. Carter’s children. Both the Los Angeles Times and the Daily Bruin published editorials supporting our decision to sell, agreeing that our limited resources are best directed toward our academic mission and not maintaining a public garden in a residential neighborhood with no parking. Simply put, we are selling the garden because it is in the best interests of the university. Recently, we have been asked to work with interested parties to preserve the garden. We are hopeful that the garden will be purchased by a group or an individual committed to its preservation. We delayed the planned sale by several months to allow preservation groups the opportunity to catalog and photograph the garden and to consult those with means to bid on the property. The university has structured a

http://today.ucla.edu/portal/ut/PRN-sale-of-hannah-carter-japanese-228686.aspx[3/27/2012 7:39:02 PM]

Sale of Hannah Carter Japanese Garden is in UCLA's best interests / UCLA Today fair and equitable bidding process, consistent with the laws governing the sale of university property. However, we will not place restrictions on the garden’s future use, because that would significantly diminish its value at sale. I also must emphasize that the lack of any parking makes it extremely difficult to operate the garden as a public resource. We expect to release the bid packages for the Carter estate and garden later this month and to open the bids in May. As much as I wish we were in a position to partner with others to preserve the garden, the unfortunate reality is that UCLA has been severely impacted by dramatic reductions in state support and must sell the property. Above all else, our priority must be to ensure our ability to provide affordable, highquality education and conduct research in service to the state, the nation and the world. It’s clear the community values the Japanese garden; now is the time to marshal resources and submit a bid. © 2012 UC Regents

http://today.ucla.edu/portal/ut/PRN-sale-of-hannah-carter-japanese-228686.aspx[3/27/2012 7:39:02 PM]

Campus to sell Japanese garden and estate to meet intent of property's donors / UCLA Newsroom

UCLA Newsroom > All Stories > Featured News

Campus to sell Japanese garden and estate to meet intent of property's donors By Phil Hampton

November 10, 2011

[Read Chancellor Gene Block's Feb. 9 Daily Bruin op-ed on the garden.] This release was updated Jan. 25, 2012 Fulfilling an obligation to fund wide-ranging research and professorships, UCLA is selling the UCLA Hannah Carter Japanese Garden and an adjoining home to raise money for endowments identified by the couple who donated the property. Located a mile from the campus, in Bel-Air, the garden and home on two acres were donated to the University of California in 1965 by Edward W. Carter, once chair of the UC Board of Regents, and his wife, Hannah Carter. Campus officials estimate the sale of the property would generate adequate revenues to establish the approximately $4.2 million in endowments and professorships identified by the Carter estate to benefit UCLA's academic mission. Among them are professorships in business administration at the UCLA Anderson School of Management and in internal medicine at the David Geffen School of Medicine at UCLA; a professorship and a research center in 17th-century European art; and funding for use at the discretion of the director of UCLA's Jules Stein Eye Institute. Any additional money generated by the sale would be utilized to help fund campus priorities at the discretion of the chancellor, campus officials said. The sale of the garden and home is part of a larger effort by UCLA to sell underutilized properties in order to generate revenue to support core educational programs and the public mission of the university. The UCLA Hannah Carter Japanese Garden was designed by landscape architects and gardeners from Kyoto, Japan. Some of the structures in the garden, such as the gate, the garden house, the shrine and bridges, were built in Japan and reassembled here. Campus officials are evaluating which artifacts have the greatest cultural, architectural and historical significance. In recognition of the Carters' generosity, those items will be retained and displayed at an appropriate campus location. Organizations and individuals with a specific interest in Japanese gardens will be contacted as potential bidders. The property is not expected to go on the market until January 2012. Despite being listed on travel websites and in visitor publications, the garden hosts only 2,000 visitors per year, by reservation only. The residential location and the availability of just three parking spaces severely restrict use of the property and its hours of operation. [Update, Jan. 25, 2012: The university leases the three spaces from an adjacent property owner under an agreement that expires on March 31, 2012, or upon sale of the property, whichever is soonest.] Campus officials estimate that landscaping and maintenance of the garden cost $120,000 a year. Staffing and docent expenses come to an additional $19,000 annually. Deferred maintenance costs are estimated at $90,000. "The decision to sell the garden was made only after extensive deliberation and analysis," UCLA Executive Vice Chancellor and Provost Scott Waugh said. "While we value the garden and the cultural heritage it represents, in this time of financial constraints, we need to direct our resources toward UCLA's core academic priorities of teaching and research." Agreements with the Carter estate stipulated that if UCLA ever sold the house, $500,000 from the proceeds would be used to establish an endowment for the maintenance of the garden in perpetuity. Agreements also called for proceeds to fund the specified professorships and research. However, campus officials estimate that the endowment would generate no more than $25,000 a year, far less than necessary to cover the cost of maintaining the garden. Maintaining the garden in perpetuity, officials say, would jeopardize UCLA's ability to fulfill the Carters' intent to benefit the university's academic mission. Edward Carter died in 1996. Hannah Carter vacated the residence in 2006 and died in 2009. In September 2010, a judge cleared the way for a possible sale, granting UCLA's request to set aside the obligation to maintain the garden in perpetuity

http://www.newsroom.ucla.edu/portal/ucla/PRN-campus-to-sell-japanese-garden-218545.aspx[3/27/2012 7:52:01 PM]

Campus to sell Japanese garden and estate to meet intent of property's donors / UCLA Newsroom so that the academic intent of the Carters' gift can be fulfilled. "The sale of the estate and the garden allows us to ensure that we meet the intent of the Carters to directly benefit UCLA's academic mission through their generous gift," said Rhea Turteltaub, UCLA's vice chancellor for external affairs. ÂŠ 2012 UC Regents

http://www.newsroom.ucla.edu/portal/ucla/PRN-campus-to-sell-japanese-garden-218545.aspx[3/27/2012 7:52:01 PM]

2012-271 - 001- Request

From: Stephanie Barbanell <barbanell@aol.com<mailto:barbanell@aol.com Date: March 14, 2012 9:51:40 PM PDT To: berickson@ucla.edu<mailto:berickson@ucla.edu Subject: Re: Questions Concerning the Matter of the Sale of the HCJ Garden March 14, 2012 Dear Brad, Thank you for your assistance in clarifying and addressing the processes by which surplus real property, such as the HCJ Garden, is sold. As per our conversation earlier today I have provided you with a list of questions. I look forward to hearing back from you with the answers soon. Sincerely, Stephanie Barbanell Questions Concerning the Matter of the Sale of the HCJ Garden 1. Would you please provide me with a copy of the UC petition that was filed on July 29, 2010, pertaining to HCJ garden "removal of restrictions" from the donation agreement? 1a. Would you please provide a link to the case itself? 2. What other real property gifts to the University have had to undergo similar a legal processes in advance of sales as "surplus" real property? 3. May I have a current list of surplus real property and a list of personal property items that are for sale by UCLA? How does one learn of these sales? Is there a website? 4. Which departments handle such sales? Can the public participate? 5. How is the William Andrew Clark Library funded? Who funds their shuttle program? 6. To whom was the HCJ Garden gifted‐‐the Regents, the UCLA Foundation, other? 7. Who heads the UCLA Foundation and what was role of the foundation in endorsing the sale of the HCJ Garden? Is there any written documentation of the Foundation's endorsement of the garden sale? 8. Which President of the Regents authorized the sale of the garden? 9. Explain what the criteria for determining academic purpose and consistency with the UCLA mission might be‐‐as those criteria apparently were not met in the case of the HCJ Garden.

2012-271 - 002- Request

10. Which members of the faculty and/or administration, governmental agencies, philanthropic organizations, and local community resources were solicited to partner with the university in order to preserve and maintain the garden, prior to the decision to sell? 11. Explain why the HC house wasn't sold in 2006, at the top of the real estate market, when the proceeds could have funded the upkeep of the garden and other academic needs. 12. Why was no HCJ Garden Foundation or fund‐raising mechanism for the HCJ Garden ever established? 13. Who has the power to halt the sale of the garden at this point? 14. What is necessary to keep this garden in public domain? Again, thank you for your consideration.